Court appeals against the guidance by the National Osteoporosis Society and Servier, manufacturer of Protelos, contested that women unable to take bisphosphonates would remain unprotected from fracture until their bone mineral density declined sufficiently to qualify them for third-line treatment.

As a result of the appeals, NICE was ordered to review its recommendations and divulge the underlying economic model. However, the reviewers concluded that the model was an appropriate basis for the guidance.

Since no further appeals were subsequently lodged, the original guidance was re-issued in January 2010.